alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 9
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM SEPTEMBER
30, 2000 10Q AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                      12,663,782
<INT-BEARING-DEPOSITS>                         500,000
<FED-FUNDS-SOLD>                             5,540,000
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                 70,182,829
<INVESTMENTS-CARRYING>                       8,722,546
<INVESTMENTS-MARKET>                         8,619,831
<LOANS>                                    269,740,236
<ALLOWANCE>                                  4,004,102
<TOTAL-ASSETS>                             380,315,666
<DEPOSITS>                                 299,235,202
<SHORT-TERM>                                28,909,925
<LIABILITIES-OTHER>                          2,730,749
<LONG-TERM>                                 17,000,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     6,279,456
<OTHER-SE>                                  26,160,334
<TOTAL-LIABILITIES-AND-EQUITY>             380,315,666
<INTEREST-LOAN>                             17,793,049
<INTEREST-INVEST>                            4,014,523
<INTEREST-OTHER>                                     0
<INTEREST-TOTAL>                            21,807,572
<INTEREST-DEPOSIT>                           9,282,424
<INTEREST-EXPENSE>                          10,600,782
<INTEREST-INCOME-NET>                       11,206,790
<LOAN-LOSSES>                                  748,000
<SECURITIES-GAINS>                            (28,517)
<EXPENSE-OTHER>                              8,911,935
<INCOME-PRETAX>                              4,447,107
<INCOME-PRE-EXTRAORDINARY>                   4,447,107
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 2,905,107
<EPS-BASIC>                                       1.39
<EPS-DILUTED>                                     1.39
<YIELD-ACTUAL>                                       0
<LOANS-NON>                                  2,000,000
<LOANS-PAST>                                    31,000
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                             3,591,613
<CHARGE-OFFS>                                  416,038
<RECOVERIES>                                    80,527
<ALLOWANCE-CLOSE>                            4,004,102
<ALLOWANCE-DOMESTIC>                         4,004,102
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0


</TABLE>
<PAGE>

                                                                    EXHIBIT 32.2

                CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,
      AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In connection with the Quarterly Report of Vyteris Holdings (Nevada), Inc. (the
"Company") on Form 10-QSB for the quarter ended March 31, 2005 as filed with the
Securities and Exchange Commission (the "Report"), I, Michael McGuinness, Chief
Financial Officer of the Company, certify, pursuant to 18 U.S.C. ss. 1350, as
adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that:

        (1)     The Report fully complies with the requirements of Section 13(a)
                or 15(d) of the Securities Exchange Act of 1934; and

        (2)     The information contained in the Report fairly presents, in all
                material respects, the consolidated financial condition of the
                Company as of the dates presented and consolidated results of
                operations of the Company for the periods presented.


     May 16, 2005                                   /s/ Michael McGuinness
                                                    ----------------------
                                                        Michael McGuinness
                                                        Chief Financial Officer


This certification has been furnished solely pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002.


                                       49
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JAN-31-1998
<PERIOD-START>                             FEB-02-1997
<PERIOD-END>                               MAY-03-1997
<CASH>                                       1,391,835
<SECURITIES>                                         0
<RECEIVABLES>                                8,752,319
<ALLOWANCES>                                         0
<INVENTORY>                                 86,881,847
<CURRENT-ASSETS>                           108,872,658
<PP&E>                                      18,189,577
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                             131,643,206
<CURRENT-LIABILITIES>                       77,990,926
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        78,078
<OTHER-SE>                                  47,263,353
<TOTAL-LIABILITY-AND-EQUITY>               131,643,206
<SALES>                                     29,988,724
<TOTAL-REVENUES>                            29,988,724
<CGS>                                       17,082,723
<TOTAL-COSTS>                               17,082,723
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                             (3,397,888)
<INCOME-TAX>                                (1,359,155)
<INCOME-CONTINUING>                         (2,038,733)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                (2,038,733)
<EPS-PRIMARY>                                     0.28
<EPS-DILUTED>                                     0.28
        

</TABLE>
#### The TRAVELERS INSURANCE COMPANY, Appellant, v. Tommy Ray DILLARD, Appellee.

No. 20283.

United States Court of Appeals Fifth Circuit.

Nov. 6, 1963.

Max N. Osborn, Thornton Ilardie, Jr., Midland, Tex., for appellant, Turpin, Kerr, Smith & Dyer, Midland, Tex., of' counsel.

Warren Burnett, Lee Amett, Odessa, Tex., for appellee.

Before HUTCHESON and BROWN, Circuit Judges, and SIMPSON, District. Judge.

PER CURIAM.

Appealing from a judgment on a jury-verdict in a Texas Workmen’s Compensation case, appellant assigns as error the action of the district judge in submitting, over defendant’s objection, Question No. 1, as to whether there was any total incapacity. Insisting:

> “The law in Texas is clear and unequivocal as to the meaning of the term ‘total incapacity’, as used in a Workmen’s Compensation case. As noted by then Commissioner Hickman in Texas Employers’ Insurance Association v. Mallard (S.Ct. Texas, 1944), 143 Tex. 77, 182 SW(2) 1000, the term does not imply an absolute disability to work, but ‘a person disqualified from performing the usual tasks of a workman, in such a way as to enable him to procure and retain employment, is regarded as being totally incapacitated, or totally disabled.’ 182 SW(2) 1000, 1001.”

appellant urges upon us that appellee’s evidence wholly fails to furnish any legal basis for the jury’s finding. In addition, appellant, without having filed a motion for new trial, attacks the verdict as based upon insufficient evidence.

The appellee, citing many cases, confidently insists that appellant’s contention that, as matter of law, the evidence fails to support the verdict of total incapacity, *27is refuted by the many cases cited and that the argument directed to the insufficiency of the evidence must fail because that attack is based upon the failure to grant a motion for new trial for insufficiency of the evidence, and appellant filed no such motion in this case, contenting itself with sole reliance upon its objection to the submission of the issue for lack of any legal evidence.

 A reading of the cases cited by both sides and many other cases from Texas courts, especially Indemnity Insurance Company of North America v. Cady, Tex.Civ.App., 356 S.W.2d 323, and from this court, particularly Great American Indemnity Co. v. Segal, 5 Cir., 229 F.2d 845 and Travelers Insurance Company v. Truitt, 5 Cir., 280 F.2d 784, convinces us that the law is otherwise written than as appellant claims it to be.

No error of law appearing, the judgment is

Affirmed.
Exhibit 32.1
                                                                    ------------

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO SECTION
                     906 OF THE SARBANES-OXLEY ACT OF 2002

Each of the undersigned hereby certifies, pursuant to 18 U.S.C. Section 1350, as
adopted  pursuant  to  Section  906 of the Sarbanes-Oxley Act of 2002, that this
Quarterly  Report  on  Form  10-Q  for  the  quarter  ended March 31, 2007 fully
complies  with  the  requirements  of  Section  13(a) or 15(d) of the Securities
Exchange  Act  of 1934, as amended, and the information contained in such report
fairly  presents,  in all material respects, the financial condition and results
of  operations  of  the  Company.

This 10th day of May 2007.

/s/ R. Daniel Blanton
------------------------------
R. Daniel Blanton
President &
Chief Executive Officer
(Principal executive officer)

 /s/ Darrell R. Rains
------------------------------
Darrell R. Rains
Group Vice President &
Chief Financial Officer
(Principal financial officer)
## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 09-3283

___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Southern District of Iowa. Lorenzo Markey Cook, * * [UNPUBLISHED] Appellant. *

___________ Submitted: May 10, 2010 Filed: May 13, 2010

___________ Before WOLLMAN, COLLOTON, and GRUENDER, Circuit Judges.

___________ PER CURIAM. Lorenzo Cook pleaded guilty to conspiring to distribute at least 5 grams of cocaine base, in violation of 21 U.S.C. §§ 846 and 841(b)(1)(B). The district court 1 denied his motion for a continuance of sentencing until Congress acted on pending legislation, and, declining to vary downw ard, sentenced him at the bottom of the applicable Guidelines range to 92 months inprison. Cook appeals. His counsel has moved to withdraw and filed a brief under Anders v. California , 386 U.S. 738 (1967),

1 The Honorable John A. Jarvey, United Stat es District Judge for the Southern District of Iowa.arguing that the court abused its discreti on in denying a continuance and a variance, and that the sentence is unreasonable b ecause it is greater than necessary. We hold that the court committed no pr ocedural error in sentencing Cook, imposed a substantively reasonable senten ce, and did not abuse its discretion in declining to vary downward. See Gall v. United States , 552 U.S. 38, 51 (2007) (in reviewing sentence, appellate court first ensures that district court committed no significant procedural error, then consid ers substantive reasonableness of sentence under abuse-of-discretion sta ndard; if sentence is within Guidelines range, appellate court may apply presumption of reas onableness); United States v. Haack , 403 F.3d 997, 1004 (8th Cir. 2005) (describing abuse of discretion). We also find no abuse of discretion in the denial of a continuance. See United States v. Vesey , 330 F.3d 1070, 1071-72 (8th Cir. 2003) (district courts are afforded broad discretion when ruling on requests for continuances, which should begranted only when requesting party has shown compelling reason). Reviewing the record under Penson v. Ohio , 488 U.S. 75 (1988), we find no nonfrivolous issues. Accordingly, we gr ant counsel’s motion to withdraw and we affirm.

______________________________

-2-
# C_2021289EN.01000901.xml

| 19.7.2021 | EN | Official Journal of the European Union | C 289/9 |
| --- | --- | --- | --- |

19.7.2021

EN

Official Journal of the European Union

C 289/9

---

Judgment of the Court (Ninth Chamber) of 3 June 2021 (request for a preliminary ruling from the Curtea de Apel Alba Iulia — Romania) — Direcţia Generală Regională a Finanţelor Publice Braşov, Agenţia Naţională de Administrare Fiscală — Direcţia Generală a Vămilor — Direcţia Regională Vamală Braşov — Biroul Vamal de Interior Sibiu v Flavourstream SRL

(Case C-822/19) (1)

(Reference for a preliminary ruling - Customs union - Common Customs Tariff - Combined Nomenclature - Tariff classification - Tariff subheadings 1702 90 95, 2912 49 00 and 3824 90 92 - Aqueous solution)

(2021/C 289/12)

Language of the case: Romanian

Referring court

Curtea de Apel Alba Iulia

Parties to the main proceedings

Appellants: Direcţia Generală Regională a Finanţelor Publice Braşov, Agenţia Naţională de Administrare Fiscală — Direcţia Generală a Vămilor — Direcţia Regională Vamală Braşov — Biroul Vamal de Interior Sibiu

Respondent: Flavourstream SRL

Operative part of the judgment

The Combined Nomenclature set out in Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff, in the version resulting from Commission Implementing Regulation (EU) No 1101/2014 of 16 October 2014, must be interpreted as meaning that an aqueous solution obtained by thermal decomposition of dextrose, composed in particular of water-soluble aldehydes and ketones, does not come either under subheading 1702 90 95 of that nomenclature, which covers inter alia invert sugar and other sugar and sugar syrup blends with fructose content, in the dry state, of 50 % by weight, not classified under other subheadings of heading 1702 of that nomenclature, or under subheading 2912 49 00 thereof, which refers to ‘other’ aldehyde-alcohols, aldehyde-ethers, aldehyde-phenols and aldehydes with other oxygen function, but under subheading 3824 90 92 of that nomenclature, which refers to ‘Chemical products or preparations, predominantly composed of organic compounds, not elsewhere specified or included’, ‘in the form of a liquid at 20 oC’, provided that any potential nutritive value of that solution is merely incidental to that solution’s function as a chemical product and food additive.

---

(1)  OJ C 54, 17.2.2020.

---
#### Shelby Wise, alias Shebby Wise, *Plaintiff in*Error, v. The State of Florida, *Defendant in Error.*

Opinion Filed February 24, 1915.

In a prosecution for murder alleged to liave been committed from a premeditated design to effect tlie death of the decedent, where there is substantial evidence from which the jury may fairly find the requisite premeditated design as alleged, a verdict of murder in the first degree will not be disturbed, no errors of law being asserted.

Writ of error to Circuit Court for Palm Beach County; Jas. W. Perkins, Judge.

Judgment affirmed.

*Gordon B. Broome*and *J. E. Wideman,*for Plaintiff in Error;

*T. F. West,*Attorney General, and *G. O. Andreios,*Assistant, for the State.

Whitfield, J.

The plaintiff in error was convicted of murder in the first degree and on writ of error contends in effect merely that there is no substantial evidence that the homicide was committed from a premeditated design to effect the death of the decedent as alleged.

There is substantial evidence that after midnight and just before the homicide the decedent and the accused, after drinking from a bottle of whiskey, uttered angry words toward each other at the home of a woman with whom the accused associated, that on leaving the house at the command or request of the accused, the decedent *261struck the accused on the head with a whiskey bottle; that the decedent ran followed by the accused who cut the decedent in the neck and back resulting in the death. No particular length of time is required within . which a premeditated design to effect death may be formed and acted upon; and in this case the jury were warranted in finding that the fatal cutting in the neck and back was done from a premeditated design to effect the death of the decedent.

The judgment is therefore affirmed.

. Taylor, C. J., and Shackleford, Cockrell and Ellis, JJ., concur.
# C_2008051EN.01005702.xml

| 23.2.2008 | EN | Official Journal of the European Union | C 51/57 |
| --- | --- | --- | --- |

23.2.2008

EN

Official Journal of the European Union

C 51/57

---

Action brought on 21 December 2007 — Olive Line International v OHIM — Knopf (o-live)

(Case T-485/07)

(2008/C 51/104)

Language in which the application was lodged: English

Parties

Applicant: Olive Line International, SL (Madrid, Spain) (represented by: P. Koch Moreno, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Other party to the proceedings before the Board of Appeal: Reinhard Knopf (Malsch, Germany)

Other party to the proceedings before the Board of Appeal:

Form of order sought

| — | Declare that the decision dated 26 September 2007 of the Second Board of Appeal of the OHIM dismissing the appeal against the granting of Community trade mark No 3 219 193 does not comply with EC Regulation 40/94 on Community trade marks; |
| --- | --- |

—

Declare that the decision dated 26 September 2007 of the Second Board of Appeal of the OHIM dismissing the appeal against the granting of Community trade mark No 3 219 193 does not comply with EC Regulation 40/94 on Community trade marks;

| — | order that the costs of the proceedings be paid by the defendant and, if appropriate, by the contributing party. |
| --- | --- |

—

order that the costs of the proceedings be paid by the defendant and, if appropriate, by the contributing party.

Pleas in law and main arguments

Applicant for the Community trade mark: Reinhard Knopf

Applicant for the Community trade mark:

Community trade mark concerned: The figurative mark ‘o-live’ for goods in classes 29, 30, 31 and 33 — application No 3 219 193

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Proprietor of the mark or sign cited in the opposition proceedings:

Mark or sign cited: The national trade name ‘Olive lines’ for the activities of a business dedicated to being a trade intermediary

Mark or sign cited:

Decision of the Opposition Division: Rejection of the opposition in its entirety

Decision of the Opposition Division:

Decision of the Board of Appeal: Dismissal of the appeal

Decision of the Board of Appeal:

Pleas in law: Violation of Article 8(1)(b) and (4) of Council Regulation No 40/94, as there is a risk of confusion between the earlier non-registered trade mark, which has more than just a local significance, and the trade mark applied for.

Pleas in law:

---
# C_2009180EN.01002001.xml

| 1.8.2009 | EN | Official Journal of the European Union | C 180/20 |
| --- | --- | --- | --- |

1.8.2009

EN

Official Journal of the European Union

C 180/20

---

Judgment of the Court (First Chamber) of 4 June 2009 (reference for a preliminary ruling from the Cour de cassation (France)) — Société Moteurs Leroy Somer v Société Dalkia France, Société Ace Europe

(Case C-285/08) (1)

1

(Liability for defective products - Directive 85/374/EEC - Scope - Damage to an item of property intended for professional use and employed for that purpose - National system permitting the injured person to seek compensation for such damage, where he simply proves the damage, the defect and the causal link - Compatibility)

2009/C 180/33

Language of the case: French

Referring court

Referring court

Cour de cassation

Parties to the main proceedings

Parties to the main proceedings

Applicant: Société Moteurs Leroy Somer

Applicant:

Defendants: Société Dalkia France, Société Ace Europe

Defendants:

Re:

Re:

Reference for a preliminary ruling — Cour de cassation (France) — Interpretation of Articles 9 and 13 of Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (OJ 1985 L 210, p. 29) — Material scope of application of the directive — Lawfulness of a national system of liability permitting compensation to be obtained for damage to an item of property intended for professional use and employed for that purpose — Damage to a hospital generator due to the fact that an alternator overheated.

Operative part of the judgment

Operative part of the judgment

Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products must be interpreted to mean that it does not preclude the interpretation of domestic law or the application of settled domestic case-law according to which an injured person can seek compensation for damage to an item of property intended for professional use and employed for that purpose, where that injured person simply proves the damage, the defect in the product and the causal link between that defect and the damage.

---

(1)  OJ C 223, 30.08.2008.

1

---
<PAGE>

                                                                      EXHIBIT 32

                CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350
                    AS ADOPTED PURSUANT TO SECTION 906 OF THE
                           SARBANES-OXLEY ACT OF 2002

The undersigned executive officers of Tri County Financial Corporation (the
"Registrant") hereby certify that this Annual Report on Form 10-K for the year
ended December 31, 2004 (the "Report") fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and the
information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the Registrant.

                                           By: /s/ Michael L. Middleton
                                               ---------------------------------
                                               Name:  Michael L. Middleton
                                               Title: President and
                                                      Chief Executive Officer

                                           By: /s/ William J. Pasenelli
                                               ---------------------------------
                                               Name:  William J. Pasenelli
                                               Title: Vice President and
                                                      Chief Financial Officer

Date: March 29, 2005